The Honourable Steve J. Reimnitz of the Superior Court recently revisited the rules regarding fraud and the warranty for latent defects in the case of St-Pierre c. Benoit, 2021 QCCS 5491.
The Facts
In 2015, the plaintiffs purchased a property from the defendant built by the latter in 1993–1994. This contract was concluded following the plaintiffs’ visit and that of a pre-purchase inspector, at the end of which no anomalies were noted. The seller’s declaration also did not mention any particular problem with the building. The parties therefore agreed to the sale of the building by including a clause excluding the legal warranty: the sale was therefore at the buyers’ risk.
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